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slingshot™ E-MAIL AND WEBSITES TERMS, CONDITIONS, AND NOTICES

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AGREEMENT BETWEEN VISITORS TO OUR WEBSITES AND SLINGSHOT COMMUNICATIONS INC.

The slingshot services and this website are offered to you by Slingshot Communications Inc. and its licensors (collectively "Companies"), conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this website constitutes your agreement to all such terms, conditions, and notices.

PERSONAL AND NONCOMMERCIAL USE LIMITATION

This website is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this website.

E-MAIL ACCEPTABLE USE POLICY

E-mail abuse is strictly prohibited by Companies. Abuse includes, but is not limited to, SPAMming, mailbombs, unsolicited bulk e-mail (also SPAM), as well as any form of e-mail harassment (including SPAMming). All incidents should be reported to abuse@corp.slingshot.com.

The following examples constitute violations of our policy and can result in termination of your e-mail address and your Internet account with no warning and no refund:

a. Illegal use. Using the Services to transmit any material (by e-mail, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder.
 
b. Harm to minors. Using the Services to harm, or attempt to harm, minors in any way.
 
c. Threats. Using the Services to transmit any material (by e-mail, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
 
d. Harassment. Using the Services to transmit any material (by e-mail, uploading, posting, or otherwise) that harasses another.
 
e. Fraudulent activity. Using the Services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes," "Ponzi schemes," and "chain letters."
 
f. Intentional virus spreading. Using the services to intentionally distribute a computer virus, or worm which is typically a short program designed to disperse copies of itself to other computers and disrupt those computers' normal operations.
 
g. Copyright violations. Uploading, posting, publishing, transmitting, reproducing, or distributing in any way, information, software or other material which is protected by copyright or other proprietary right, without obtaining the permission of the copyright owner or right holder.
 
h. Account sharing. Your e-mail address is solely for your personal, non-commercial use.
 
i. E-mail advertising or SPAMming. Any activity defined in the first paragraph of this section or any activity determined to be abusive use of the e-mail service by Companies or their contracted e-mail service provider at the time of the activity's occurrence.
 
j. Disclosing private communications without permission to parties other than the intended recipient, or disclosing confidential information.
 
k. Falsifying user information provided to Companies or to other users of the Services, in connection with the use of slingshot e-mail services.
 
l. Engaging in any of the foregoing activities using the services of another provider, but channeling such activities through an e-mail address provided by slingshot or remailer, or using a slingshot account as a mail drop for responses.

In addition to the above examples, Companies reserve the right to terminate your e-mail and Internet accounts and to block your future access to our network for any other use deemed to be abusive.

If you believe that there has been a violation of any of the terms of this policy, please direct the information to abuse@corp.slingshot.com. If available, please provide the following information:

  • The IP address used to commit the alleged violation.
  • The date and time of the alleged violation, including the time zone.
  • Evidence of the alleged violation.
E-mail with full header information provides all of the above, as do syslog files. Other situations will require different methods of providing the above information.

COPYRIGHT AND TRADEMARK NOTICES

All contents of this website are: Copyright © 2000-06 Slingshot Communications Inc. and/or its suppliers. All rights reserved.

Slingshot and other names of slingshot products and/or services referenced herein are service marks, trademarks or registered trademarks of Slingshot Communications Inc.. Other product and company names mentioned herein may be the trademarks of their respective owners.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COMPANIES AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEBSITE AT ANY TIME.

COMPANIES AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. COMPANIES AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IN NO EVENT SHALL COMPANIES AND/OR THEIR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANIES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this website, you warrant to Companies that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

SUBMISSIONS

Any material, information, or idea submitted or posted on this website will be considered non-confidential and non-proprietary. Companies may use any submission for any purpose whatsoever. Personal data will be treated in accordance with our Privacy Statement.

LINKS TO THIRD-PARTY SITES

This website may contain hyperlinks to websites operated by parties other than Companies. Such hyperlinks are provided for your reference only. Companies do not control such websites and is not responsible for their content. Companies' inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

SOFTWARE AVAILABLE ON THIS WEBSITE

Any software that is made available to download from this website ("Software") is the copyrighted work of Slingshot Communications Inc. and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

For any Software not accompanied by a License Agreement, Companies hereby grant to you, the user, a personal, nontransferable license to use the Software for viewing and otherwise using this website in accordance with these terms and conditions and for no other purpose.

Please note that all Software, including without limitation all HTML code and Active X controls contained in this website, is owned by Slingshot Communications Inc. and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S.A. export restrictions.

MODIFICATION OF THESE TERMS AND CONDITIONS

Companies reserve the right to change the terms, conditions and notices under which this website is offered.

GENERAL

This agreement is governed by the laws of the State of Arizona, U.S.A and the United States of America. You hereby consent to the exclusive jurisdiction and venue of courts in Maricopa County, Arizona, U.S.A., in all disputes arising out of or relating to the use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Companies as a result of this agreement or use of this website.

Companies' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Companies' right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by Companies with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

This agreement constitutes the entire agreement between the customer and Companies with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Companies with respect to this website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.


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